How Politics Is Ruining the Immigration Courts

Immigration judges are DOJ operatives, which makes them especially vulnerable to the White House’s whims

John Washington
GEN

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Credit: Loren Elliott/Getty Images

TThe U.S. immigration court system is in collapse. While the courts are still plowing through hearings and closing cases, a damning new report from the Innovation Law Lab and the Southern Poverty Law Center argues that U.S. immigration courts are more a politicized wing of the executive branch than a neutral system of unbiased adjudication. With close to a million backlogged cases, increasing pressure from the Trump administration to rush judgments, ever-tightening restrictions for asylum — as well as ICE agents stalking courthouses and the courts themselves disseminating misinformation — immigrants wanting to stay in the U.S. face an increasingly adversarial, and sometimes downright cruel, system.

According to the report, immigration courts “violate noncitizens’ rights in a systemic, pervasive manner.” At the same time, asylum denial rates in 2018 were at an all-time high at 65%, up from 42% just six years ago. The same study found that denial rates rose around 5% just in the first six months of the Trump presidency, possibly a reflection of Trump’s anti-immigrant animus. In many cases, according to the report, it’s the judges themselves who are creating a biased and…

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John Washington
GEN
Writer for

John Washington is a writer and translator focusing on immigration and criminal justice. His first book on US asylum history/policy is forthcoming from Verso.